Manufactured housing rehabilitation and recycling
This substitute amendment requires Commerce to establish a grant program
to promote the proper disposal of abandoned manufactured homes and to promote
the rehabilitation and use of manufactured homes that are in need of critical repairs.
To the extent feasible, Commerce must coordinate the program with the state's
housing strategy plan. The substitute amendment also requires Commerce to
contract with private, nonprofit entities for the administration of the grant program.
Titling of manufactured homes
With certain exceptions, any person who acquires a manufactured home must
apply to Commerce for a certificate of title to the manufactured home. This
requirement does not apply if the owner of the manufactured home intends, upon
acquiring the manufactured home, to permanently affix the manufactured home to
land that the owner of the manufactured home owns. In such a case, the
manufactured home becomes a part of the land and its ownership is evidenced by the
deed applicable to that land. This substitute amendment creates a similar exception
that applies if the owner of the manufactured home intends, upon acquiring the
manufactured home, to affix the manufactured home to land in which the owner has
a leasehold interest of sufficient duration.
Other
The substitute amendment establishes a Manufactured Housing Code Council
for the purpose of advising Commerce concerning the regulation of the manufactured
housing industry. The council is similar to advisory councils that currently advise
Commerce with regard to other aspects of housing market regulation, except that
members of the Manufactured Housing Code Council are appointed by the secretary
of Commerce rather than the governor.
The substitute amendment also requires Commerce, by rule, to establish an
alternative dispute resolution program designed to facilitate the timely, informal
resolution of certain disputes concerning defective manufactured homes and
manufactured home installations. The program applies to disputes among
manufactured home manufacturers, salespersons, dealers, and installers. The
program does not apply to disputes with consumers.
Current law contains numerous references to manufactured home parks. This
substitute amendment changes the term "park" in these references to the term
"community."
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB23-SSA2, s. 1 1Section 1. 15.157 (13) of the statutes is created to read:
SB23-SSA2,5,3
115.157 (13) Manufactured housing code council. (a) There is created in the
2department of commerce a manufactured housing code council consisting of the
3following members appointed by the secretary of commerce for 3-year terms:
SB23-SSA2,5,44 1. Two members representing manufacturers of manufactured homes.
SB23-SSA2,5,55 2. Two members representing manufactured home dealers.
SB23-SSA2,5,66 3. Two members representing owners of manufactured home communities.
SB23-SSA2,5,77 4. Two members representing installers of manufactured homes.
SB23-SSA2,5,98 5. One member representing an association of the manufactured housing
9industry in Wisconsin.
SB23-SSA2,5,1110 6. One member representing suppliers of materials or services to the
11manufactured housing industry.
SB23-SSA2,5,1212 7. One member representing the public.
SB23-SSA2,5,1313 8. One member representing labor.
SB23-SSA2,5,1414 9. One member representing inspectors of manufactured homes.
SB23-SSA2,5,1715 (b) The council shall meet at least twice a year. An employee of the department
16designated by the secretary of the department shall serve as nonvoting secretary of
17the council.
SB23-SSA2, s. 2 18Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
19the following amounts for the purposes indicated: - See PDF for table PDF
SB23-SSA2, s. 3 1Section 3. 20.143 (1) (jp) of the statutes is created to read:
SB23-SSA2,6,52 20.143 (1) (jp) Manufactured housing rehabilitation and recycling; program
3revenue.
The amounts in the schedule for the administration of and for grants under
4s. 560.285. All moneys received under s. 101.9208 (2m) shall be credited to this
5appropriation.
SB23-SSA2, s. 4 6Section 4. 20.143 (3) (j) of the statutes is amended to read:
SB23-SSA2,6,147 20.143 (3) (j) Safety and building operations. The amounts in the schedule for
8the purposes of chs. 101, 145, and 168 and ss. 236.12 (2) (a), 236.13 (1) (d) and (2m),
9and 236.335. All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 101.178,
10101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.9205 (3), 101.9208 (1) (b),
11101.9213 (8), 101.935, 101.951 (2), 101.952 (2),
101.955 (2), 101.973 (7), and 236.12
12(7), and 2001 Wisconsin Act 16, section 9110 (3z), except moneys received under s.
13101.9208 (2m), and all moneys transferred under 2005 Wisconsin Act .... (this act),
14section 76 (6),
shall be credited to this appropriation.
SB23-SSA2, s. 5 15Section 5. 20.143 (3) (sa) of the statutes is repealed.
SB23-SSA2, s. 6 16Section 6. 20.855 (4) (f) of the statutes, as affected by 2005 Wisconsin Act 25,
17is amended to read:
SB23-SSA2,7,4
120.855 (4) (f) Supplemental title fee matching. From the general fund, a sum
2sufficient equal to the amount of supplemental title fees collected under ss. 101.9208
3(1) (dm) and
s. 342.14 (3m), as determined under s. 85.037, to be transferred to the
4environmental fund on October 1 annually.
SB23-SSA2, s. 7 5Section 7. 25.40 (1) (fm) of the statutes is repealed.
SB23-SSA2, s. 8 6Section 8. 25.40 (2) (b) 19g. of the statutes is repealed.
SB23-SSA2, s. 9 7Section 9. 25.46 (19) of the statutes is amended to read:
SB23-SSA2,7,98 25.46 (19) The environmental impact fees imposed under ss. 101.9208 (1) (b)
9and
s. 342.14 (1r) for environmental management.
SB23-SSA2, s. 10 10Section 10. 66.1019 (2m) of the statutes is created to read:
SB23-SSA2,7,1311 66.1019 (2m) Manufactured homes. (a) Ordinances enacted, or resolutions
12adopted, on or after January 1, 2007, by any county, city, village, or town relating to
13manufactured home installation shall conform to s. 101.96.
SB23-SSA2,7,1714 (b) If a city, village, town, or county has in effect on or after January 1, 2007,
15an ordinance or resolution relating to manufactured home installation that does not
16conform to s. 101.96, the ordinance or resolution does not apply and may not be
17enforced.
SB23-SSA2, s. 11 18Section 11. 85.037 of the statutes is amended to read:
SB23-SSA2,7,23 1985.037 Certification of fees collected. Annually, no later than October 1,
20the secretary of transportation shall certify to the secretary of administration the
21amount of fees collected under ss. 101.9208 (1) (dm) and s. 342.14 (3m) during the
22previous fiscal year, for the purpose of determining the amounts to be transferred
23under s. 20.855 (4) (f) during the current fiscal year.
SB23-SSA2, s. 12 24Section 12. 100.20 (2) (b) of the statutes is amended to read:
SB23-SSA2,8,6
1100.20 (2) (b) Notwithstanding par. (a), the department may not issue any
2order or promulgate any rule that regulates the provision of water or sewer service
3by a manufactured home park community operator, as defined in s. 101.91 (8), or
4manufactured home park community contractor, as defined in s. 101.91 (6m), or
5enforce any rule to the extent that the rule regulates the provision of such water or
6sewer service.
SB23-SSA2, s. 13 7Section 13. 101.125 (1) (a) of the statutes is amended to read:
SB23-SSA2,8,168 101.125 (1) (a) "Building" means a place of employment or a public building and
9includes, without limitation because of enumeration, wholesale and retail stores,
10storerooms, office buildings, factories, warehouses, governmental buildings, hotels,
11hospitals, motels, dormitories, sanatoriums, nursing homes, retirement homes,
12theaters, stadiums, gymnasiums, amusement park buildings, schools and other
13buildings used for educational purposes, places of worship and other places of public
14assembly and all residences including mobile homes, manufactured or homes,
15industrialized housing, lodging homes, and any other building used as a dwelling for
16one or more persons.
SB23-SSA2, s. 14 17Section 14. 101.19 (1) (e) of the statutes is repealed.
SB23-SSA2, s. 15 18Section 15. 101.19 (1) (f) of the statutes is amended to read:
SB23-SSA2,8,2119 101.19 (1) (f) Defraying the cost Administration of the manufactured dwelling
20program, the one- and two-family dwelling programs, the manufactured home and
21mobile home program,
and the multifamily dwelling program.
SB23-SSA2, s. 16 22Section 16. 101.91 (1i) of the statutes is created to read:
SB23-SSA2,9,223 101.91 (1i) "Installation standards" means specifications for the proper
24installation of manufactured homes at their place of occupancy to ensure proper

1siting, the joining of all sections of the manufactured home, connection to existing
2utility services and the installation of stabilization, support, or anchoring systems.
SB23-SSA2, s. 17 3Section 17. 101.91 (1j) of the statutes is created to read:
SB23-SSA2,9,54 101.91 (1j) "Installer" means a person who is in the business of installing new
5manufactured homes.
SB23-SSA2, s. 18 6Section 18. 101.91 (1t) of the statutes is created to read:
SB23-SSA2,9,87 101.91 (1t) "Licensed installer" means an installer licensed under s. 101.96 (2)
8(b).
SB23-SSA2, s. 19 9Section 19. 101.91 (1v) of the statutes is created to read:
SB23-SSA2,9,1110 101.91 (1v) "Licensed manufacturer" means a manufactured home
11manufacturer licensed under s. 101.95.
SB23-SSA2, s. 20 12Section 20. 101.91 (2) (a) and (b) of the statutes are consolidated, renumbered
13101.91 (2) (am) and amended to read:
SB23-SSA2,9,2314 101.91 (2) (am) A structure, transportable in one or more sections, which in the
15traveling mode is 8 body feet or more in width or 40 body feet or more in length, or,
16when erected on site is 320 or more square feet, and which is built on a permanent
17chassis and
that is designed to be used as a dwelling with or without a permanent
18foundation when connected to the required utilities. (b) A structure which meets all
19the requirements of par. (a) except the size requirements, and with respect to which
20the manufacturer voluntarily files a certification required by the secretary of
21housing and urban development
and complies that is certified by the federal
22department of housing and urban development as complying
with the standards
23established under 42 USC 5401 to 5425.
SB23-SSA2, s. 21 24Section 21. 101.91 (5m) of the statutes is amended to read:
SB23-SSA2,10,6
1101.91 (5m) "Manufactured home park community" means any plot or plots of
2ground upon which 3 or more manufactured homes that are occupied for dwelling or
3sleeping purposes are located. "Manufactured home park community" does not
4include a farm where the occupants of the manufactured homes are the father,
5mother, son, daughter, brother or sister of the farm owner or operator or where the
6occupants of the manufactured homes work on the farm.
SB23-SSA2, s. 22 7Section 22. 101.91 (6m) of the statutes is amended to read:
SB23-SSA2,10,138 101.91 (6m) "Manufactured home park community contractor" means a
9person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a
10contract with a manufactured home park community operator, provides water or
11sewer service to a manufactured home park community occupant or performs a
12service related to providing water or sewer service to a manufactured home park
13community occupant.
SB23-SSA2, s. 23 14Section 23. 101.91 (7) of the statutes is amended to read:
SB23-SSA2,10,1615 101.91 (7) "Manufactured home park community occupant" means a person
16who rents or owns a manufactured home in a manufactured home park community.
SB23-SSA2, s. 24 17Section 24. 101.91 (8) of the statutes is amended to read:
SB23-SSA2,10,2018 101.91 (8) "Manufactured home park community operator" means a person
19engaged in the business of owning or managing a manufactured home park
20community.
SB23-SSA2, s. 25 21Section 25. 101.92 (1) of the statutes is repealed.
SB23-SSA2, s. 26 22Section 26. 101.92 (1m) of the statutes is repealed.
SB23-SSA2, s. 27 23Section 27. 101.92 (2) of the statutes is repealed.
SB23-SSA2, s. 28 24Section 28. 101.92 (5) of the statutes is repealed.
SB23-SSA2, s. 29 25Section 29. 101.92 (6) of the statutes is amended to read:
SB23-SSA2,11,4
1101.92 (6) May enter into reciprocal agreements with other states regarding
2the design, construction, inspection, installation, and labeling of manufactured
3homes where the laws or rules of other states meet the intent of this subchapter and
4where the laws or rules are actually enforced.
SB23-SSA2, s. 30 5Section 30. 101.92 (9) of the statutes is amended to read:
SB23-SSA2,11,76 101.92 (9) Shall promulgate rules and establish standards necessary to carry
7out the purposes of ss. 101.953 101.951 and 101.954 101.952.
SB23-SSA2, s. 31 8Section 31. 101.9203 (4) of the statutes is amended to read:
SB23-SSA2,11,149 101.9203 (4) The owner of a manufactured home that is situated in this state
10or intended to be situated in this state is not required to make application for a
11certificate of title under s. 101.9209 if the owner of the manufactured home intends,
12upon acquiring the manufactured home, to permanently affix make the
13manufactured home a fixture to land that in which the owner of the manufactured
14home owns has an ownership or leasehold interest subject to ch. 706.
SB23-SSA2, s. 32 15Section 32. 101.9204 (1m) of the statutes is amended to read:
SB23-SSA2,11,1816 101.9204 (1m) On the form or in the automated format for application for a
17certificate of title, the department may show the fee under s. 101.9208 (1) (dm) (4m)
18separately from the fee under s. 101.9208 (1) (a) or (d) (4).
SB23-SSA2, s. 33 19Section 33. 101.9205 (3) of the statutes is amended to read:
SB23-SSA2,11,2220 101.9205 (3) The department shall charge establish, by rule under s. 101.19,
21a fee of not less than $2 for conducting a file search of manufactured home title
22records.
SB23-SSA2, s. 34 23Section 34. 101.9208 (1) (intro.) of the statutes is renumbered 101.9208
24(intro.) and amended to read:
SB23-SSA2,12,2
1101.9208 Fees. (intro.) The department shall be paid the The following fees
2shall be determined by the department by rule under s. 101.19:
SB23-SSA2, s. 35 3Section 35. 101.9208 (1) (a) of the statutes is renumbered 101.9208 (1) and
4amended to read:
SB23-SSA2,12,65 101.9208 (1) For filing an application for the first certificate of title, $8.50, to
6be paid
by the owner of the manufactured home.
SB23-SSA2, s. 36 7Section 36. 101.9208 (1) (b) of the statutes is repealed.
SB23-SSA2, s. 37 8Section 37. 101.9208 (1) (c) of the statutes is renumbered 101.9208 (3) and
9amended to read:
SB23-SSA2,12,1210 101.9208 (3) For the original notation and subsequent release of each security
11interest noted upon a certificate of title, a single fee of $4 to be paid by the owner of
12the manufactured home.
SB23-SSA2, s. 38 13Section 38. 101.9208 (1) (d) of the statutes is renumbered 101.9208 (4) and
14amended to read:
SB23-SSA2,12,1615 101.9208 (4) For a certificate of title after a transfer , $8.50, to be paid by the
16owner of the manufactured home.
SB23-SSA2, s. 39 17Section 39. 101.9208 (1) (dm) of the statutes is renumbered 101.9208 (4m) and
18amended to read:
SB23-SSA2,12,2419 101.9208 (4m) Upon filing an application under par. (a) or (d) sub. (1) or (4),
20a supplemental title fee of $7.50 to be paid by the owner of the manufactured home,
21except that this fee shall be waived with respect to an application under par. (d) sub.
22(4)
for transfer of a decedent's interest in a manufactured home to his or her surviving
23spouse. The fee specified required under this paragraph is subsection shall be paid
24in addition to any other fee specified in this section.
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